Terms, Conditions and Notices
Current as of January 2008
Data and information relating to securities, any other investments or otherwise is provided for informational purposes only, and is not intended for trading purposes. All information posted on the Website is for informational purposes only and no reliance, in any manner should be placed on the information. Steady Elevation shall not be responsible for the use of any information posted on the Website.
Any rights not expressly granted herein are reserved.
STEADY ELEVATION'S PROPRIETARY RIGHTS AND PERMITTED USE
The Website, including without limitation any content, software and services offered thereon, are the property of Steady Elevation and/or its partners. It is protected by the copyright and/or other intellectual property laws of the United States and internationally. You are hereby authorized solely to view and to retain a copy of pages of this Website for your own personal use. You may not duplicate, publish, modify, or otherwise distribute the material on this Website unless specifically authorized in writing by Steady Elevation to do so. Legal notices and various other acknowledgements and credits are posted on pages of the Website. Do not remove these legal notices or other acknowledgements or credits, or any related information, contained on pages of the Website.
Availability of this Website or particular information or services therein is subject to change at any time without notice.
USER CONTRIBUTIONS TO THE WEBSITE
Steady Elevation provides users with the opportunity to contribute to the Website. You understand that all information, data, text, links, articles, software, photographs, graphics, messages, or other materials posted by you on the Website (collectively, the "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not Steady Elevation, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Website. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Website.
SUSPENSION AND/OR TERMINATION OF RIGHTS
PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Steady Elevation of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Steady Elevation cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
LINKS TO THIRD PARTY WEBSITES
Steady Elevation may contain links to other websites ("Linked Websites"). Linking to such Linked Websites will let you leave the Website. Unless otherwise indicated, Steady Elevation is not affiliated with any of the Linked Websites. The Linked Websites are not under the control of Steady Elevation and Steady Elevation is not responsible for the content of any Linked Website, including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. Steady Elevation does not endorse or make any representations about any Linked Website, any information, software or other products or materials found in a Linked Website, or any results that may be obtained from using these links. Steady Elevation is providing these links as a convenience only, and the inclusion of any link does not imply endorsement by Steady Elevation. If you decide to access any of the third party Websites linked from the Website, you do so entirely at your own risk.
LINKING TO STEADY ELEVATION
Linking to Steady Elevation from another website ("Linking Website") is only allowed under the following conditions. A Linking Website may link to, but not replicate, Steady Elevation's content. A Linking Website shall not create a frame, browser or border environment to Steady Elevation's content and a Linking Website shall not imply that Steady Elevation is endorsing it or its products. The Linking Website shall not misrepresent the Linking Website's relationship with Steady Elevation, shall not provide false information about Steady Elevation's products or services, and shall not unlawfully use the copyrights or trademarks owned by Steady Elevation or others. Linking Websites shall abide by any and all applicable laws.
LIMITATION OF LIABILITY
This Website and all information, content, services, goods, advertisements, documents and related graphics provided herein are provided “as is” without warranty of any kind. The documents, information and related graphics published on this Website could include technical inaccuracies or typographical error. Steady elevation makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content materials, or products included on this Website. To the fullest extent possible by applicable law, steady elevation and its affiliates, officers, directors and employees hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. Steady elevation does not warrant that the Website is compatible with your equipment or that the related services therein are free of errors, viruses, worms, Trojan horses, or any other harmful, invasive or corrupted files and is not liable for any damages you may suffer as a result of such destructive features. In no event, shall Steady Elevation and/or its affiliates, officers, directors or employees be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the use or performance of this Website or software, documents, provision of or failure to provide services, or information available from Steady Elevation through this Website.
INDEMITY AND HOLD HARMLESS
User covenants, warrants and agrees to indemnify and save harmless Steady Elevation against and from any and all Liabilities. As used herein, the term Liabilities shall include, but not be limited to, any and all liabilities, obligations, damages, penalties, interest, deficiencies, claims, costs, charges, losses, expenses, suits, actions, proceedings, arbitrations, hearings and audits, including reasonable attorneys’ and professionals’ fees and disbursements which may be imposed upon or incurred by or assessed against Steady Elevation in connection with the Website, any information on the Website, any Linked Website or Linking Website and any information therein.
MODIFICATIONS AND UPDATES
Copyright © 2008, Steady Elevation. All rights reserved.
All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Steady Elevation, are the property of Steady Elevation and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY STEADY ELEVATION IN WRITING. The compilation, collection, arrangement, and assembly of all content on this Website is the exclusive property of Steady Elevation and is protected by United States and international copyright laws. All software used on this Website is the property of Steady Elevation or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Steady Elevation pursuant to express authorization from the copyright owners or their agents. The content, images and software on this Website may be used as a shopping resource. Any other use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.
COPYRIGHT INFRINGEMENT POLICY
Steady Elevation, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use this Website if it determines at its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Steady Elevation accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Steady Elevation has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Steady Elevation in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit Steady Elevation to contact you, such as your address, telephone number, and/or electronic mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
"Steady Elevation" along with all logos, other tradenames, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of Steady Elevation. Steady Elevation's trademarks, logos or service marks may not be used in connection with any product or service that is not owned by Steady Elevation in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Steady Elevation. Any trademarks not owned by Steady Elevation that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Steady Elevation or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force.
This website is created and controlled by Steady Elevation in the State of New York, USA. As such, the laws of the State of New York will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws. The User waives the right, in any litigation in which User and Steady Elevation are adverse parties (whether or not arising out of or in connection with the Website, any Linked Website or Linking Website and any information therein), to trial by jury, to injunctive relief, to interpose a counterclaim thereon and to have the same consolidated with any other or separate suit, action or proceeding.